indialinks

Legal

Registrar - Registrant Domain Agreement

NOTICE : This agreement has been updated effective 12-Dec-2021.

Please carefully read the following terms and conditions for availing domain name services. By purchasing, accessing or using domain name services from IndiaLinks, you agree to be bound by the terms and conditions of this agreement.

Agreement

This Domain Registration Agreement (hereinafter referred to as the "Agreement") is entered into BY AND BETWEEN Indialinks Web Hosting Pvt Ltd (hereinafter referred to as the "IndiaLinks"), a company incorporated under the laws of India;

AND

You (hereinafter referred to as You, Your or "Registrant"). If you are entering into this Agreement for and on behalf of any person, company, organisation or any other legal entity, you represent that you have the necessary authority to bind such person, company, organisation or legal entity to these terms and conditions, in which case the term "Registrant" shall refer to such person, company, organisation or legal entity. You also represent that you have authority to act on behalf of such person, company, organisation or legal entity to take any actions in connection with the services provided under this agreement.

You further agree & confirm that (i) you are atleast 18 years of age; and (ii) you are eligible to form a binding contract with IndiaLinks; and (iii) you are not a person barred from contracting under the applicable laws or directions of any governmental authority.

IndiaLinks and Registrant may be referred to severally as the "Party" and collectively as the "Parties".

This Agreement explains obligation of IndiaLinks to Registrant and Registant's obligations to IndiaLinks for domain registration services.

By agreeing to the terms and conditions set forth in this Agreement or using Domain name registration services, Registrant agrees to be bound by the rules and regulations set forth in this Agreement, ICANN Policies, as published from time to time at icann.org; any rules, agreements, or policies of authoritative Registry of the relevant top-level domain name and any rules, agreements, or policies of Sponsoring Registrar of the relevant domain name.

IndiaLinks provides domain name registration services under it's own capacity as .IN accredited Registrar as well as via third party Registrar/domain provider as their reseller/sub-reseller. To determine which Registrar was used to register your domain name, you can perform a Whois search on the domain name at http://www.internic.net/whois.html and look for the "Registrar" field. The identity of the Authoritative Registry Services Provider can be found at https://www.iana.org/whois

Except for .IN TLD domain names where sponsoring Registrar is IndiaLinks (IANA 1487), Registrant agrees to be bound by Tucow's Policies, Rules & Regulation and MASTER DOMAIN REGISTRATION AGREEMENT ("Third-Party Terms") located at https://www.opensrs.com/docs/contracts/exhibita.htm which is deemed incorporated in this agreement by reference. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.

You acknowledge to, and agree with, IndiaLinks, that you are creating a separate contractual relationship between you and Tucows Domains Inc ("Tucows") with respect to the applicable domain name, and that you, and not IndiaLinks, is responsible for all liability and obligations in connection with that contractual relationship and for any failure of you to abide by the terms of Tucow's Agreement, unless otherwise expressly stated to the contrary in this Registration Agreement.

RECITALS

WHEREAS, IndiaLinks provides the domain registration services for various domain extensions either in the capacity of Accredited Registrar or though other third-party ICANN accredited registrars or other third-party Domain Service Providers;

WHEREAS, Registrant intends to avail domain name registration services (new registrations/renewals/transfers) from IndiaLinks as per the terms and conditions of this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, THE PARTIES HEREBY legally AGREE AS FOLLOWS:

1. DEFINITIONS
  1. "Agreement" refers to this Agreement along with all its appendices, exhibits, annexures and amendments.
  2. "Business Day" refers to a working day between Monday to Friday excluding all public holidays in India.
  3. "Confidential Information", as used in this Agreement, shall mean all data, information and materials including, without limitation, computer software/program, documents, manuals, databases, protocols, API, web tools, applications and interfaces and specifications provided by IndiaLinks, directly or indirectly, to the Registrant under this Agreement, whether written, oral or transmitted through the Website or otherwise, and whether specifically marked as Confidential or not.
  4. "Customer" refers to any person, company, organisation or any other legal entity who directly registers as customer with IndiaLinks and places order directly for various servies/products of IndiaLinks.
  5. "Domain Name" refers to the domain name(s) availed / registered / renewed / reserved / transferred / parked / sold / resold by the Registrant through IndiaLinks.
  6. "Domain Name Order" refers to order placed for registering of a new domain name, domain renewal or domain transfer.
  7. "Domain Name Registration Services" shall mean services availed from IndiaLinks for domain name(s) which includes Registration of a new domain name, Renewal of a domain name and/or Transfer of a domain name to IndiaLinks.
  8. "Domain Database" refer to database of domain's data element maintained by IndiaLinks or its Service Providers.
  9. "Domain Service Providers" refers to any person or legal entity that IndiaLinks may, directly or indirectly, engage/employ/outsource/contract for providing Domain Name Registration Services.
  10. "ICANN" refers to the Internet Corporation for Assigned Names and Numbers.
  11. "Registrant" A registrant is the registered holder of a domain for the duration of the registration period.
  12. "Registrar" means an organization that manages the registration of domain names for one or more Top-Level Domain (TLD) registries. Also referred as "Sponsoring Registrar".
  13. "Registry" means an organization that manages the administrative data for the Top-Level Domain (TLD) domains and subdomains under its authority, such as the zone files that contain addresses of the name servers for each domain.
  14. "Registry Operator" refers to any person or any other legal entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, whether directly or indirectly.
  15. "Resellers" refers to any person, company, organisation or any other legal entity who purchases services from IndiaLinks and resells under their own brand name.
  16. "Website" refers to www.indialinks.com, www.domainredirect.com, www.domainsrs.com or any other website owned and managed by the IndiaLinks.
  17. "Whois" refers to public service provided by various Registrar and Registry Operators whereby anyone can obtain certain information associated with the domain name through "Whois lookup"
  18. "Whois Record" refers to a set of information pertaining to the Domain Name and includes mainly the Registrant, administrative, technical and billing contact information, name servers, domain creation and expiry date and its current status. Due to various Data Protection Laws, Whois policy is constantly evolving and not all data may be available public.
2. PAYMENT/FEES

Payment of fees shall be governed as per the payment terms and conditions set forth in Exhibit A.

3. TERM

This Agreement will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration,renewal or transfer, and gets active with IndiaLinks. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

4. CONTROL PANEL ACCESS
  1. IndiaLinks grants Registrant an exclusive and non-transferable worldwide limited license to the ILXOne Portal for managing domain name services availed by Registrant as defined in this Agreement.
  2. To access, avail or use Domain Name Services, Registrant may be required to establish an authentication account and obtain a login name, account number and password. Registrant authorizes IndiaLinks to process any and all domain related account transactions initiated through the use of ILXOne Portal.
  3. Registrant is solely responsible for maintaining the privacy and confidentiality of its password. Registrant must immediately notify IndiaLinks of any loss or unauthorized use of its password. Further Registrant will be responsible for any unauthorized activities, charges and/or liabilities made through such login name, account number and password. In no event will IndiaLinks be held responsible or liable for any illegal access or unauthorized use or misuse of Registrant's login name, account number and password.
  4. Registrant agrees that IndiaLinks may permanently or temporarily delete/suspend/deactivate/terminate/cancel Registrant account that is not logged into or is inactive for a period extending six 6 months since the time of last log in.
5. REGISTRATION OF DOMAIN NAMES
  1. The Registrant agrees that the Domain Name is available only on first come, first serve basis.
  2. Domain name registrations are for a limited term, which ends on the expiration date based on period for which domain is registered. A domain name submitted through IndiaLinks will be deemed active when the relevant registry accepts the Registrant's application and activates Registrant's domain name registration or renewal. IndiaLinks cannot guarantee that Registrant will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. IndiaLinks is not responsible for any inaccuracies or errors in the domain name registration, renewal or transfer process.
  3. The Parties agrees that the domain order for the registration, renewal or transfer (as the case may be) of the Domain Name will not be processed until IndiaLinks receives all applicable fees/charges in respect of that Domain Name from the Registrant/Customer/Reseller. Registrant agrees that failure to pay any fees/charges for the Domain Name when due will entitle IndiaLinks to permanently or temporarily delete/suspend/deactivate/terminate/cancel relevant Domain Name with or without any prior notice to Registrant/Customers/Reseller.
  4. Registrant understands and agrees that the after the initial registration period of the Domain Name from the date of successful registration, domain registration may be renewed (up to maximum term permitted by sponsporing Registrar / relavant Registry) after the payment of the applicable renewal fees/charges prior to the expiry of the Domain Name and subject to the terms of this Agreement.
  5. Registrant agrees that registration of the Domain Name shall be subject to suspension, cancellation, modification, deletion or transfer by the procedure as laid out by IndiaLinks, IndiaLinks's Domain Service Providers, the Sponsoring Registrar or by the Registry Operator in following circumstances:
    1. to correct mistakes/errors in registering the Domain Name;
    2. for the resolution of disputes concerning the Domain Name;
    3. in case of arbitration or court proceedings being commenced with respect to the rights to the Domain Name;
  6. IndiaLinks may in its sole discretion and as may be reasonably determined, permanently or temporarily delete, suspend,deactivate or cancel the registration of Registrant's Domain Name if such Domain Name is used for:
    1. any activity that infringes any rights including intellectual property rights of any third party;
    2. any activity that defames or disparages any third party;
    3. any illegal or fraudulent activity;
    4. any purpose which is against IndiaLinks's Acceptable Use Policy https://www.indialinks.com/legal/aup.php
  7. Further, IndiaLinks may, permanently or temporarily, delete, suspend, deactivate, transfer, or cancel the registration of Registrant's Domain Name under the following circumstances:
    1. By receiving due authorization from Registrant in a manner as may be prescribed from time to time;
    2. Upon receiving orders/direction from a competent Court or law enforcement agency;
    3. For fulfilling a decision in a domain dispute resolution;
    4. In case of any breach of contract by the Registrant;
    5. And in case of termination of this Agreement.
  8. IndiaLinks is not responsible for determining whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringes legal rights of others.
  9. Further, IndiaLinks may elect to accept or reject the domain name registration order for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.
6. EXPIRATION, RENEWAL AND FORFEITURE

a)  The registered domain name will expire on the expiration date as per the term period selected during domain registration/renewal/transfer order which is communicated through domain registration/renewal confirmation email. Expiration date is also clearly displayed in the ILXOne Panel / Domain Management Control Panel.

b)  Registrant acknowledges that it is the Registrant's responsibility to keep records & maintain reminders regarding the expiry of any Domain Name and to ensure that the domain name is renewed prior to it's expiry date.

As a convenience to the Registrant, and not as a binding commitment, IndiaLinks prior to the expiration, may notify, via an email message sent to email address of the contact information associated with related Domain Name (Customer/Reseller and Administrative/Registrant contact email address) in our Domain Database, about the expiry of the Domain Name.

c)  In the event that Registrant fails to renew the domain name in a timely fashion (before domain expiry date), the registration will expire and IndiaLinks, IndiaLinks's Domain Service Providers or Sponsoring Registrar of the domain name may, at its discretion, elect to assume the registration, change the ownership and may hold it in its own account, delete it, or sell/auction it to a third party. During the period following the expiration of a domain name, the domain name will cease to resolve, the Whois registration records may be revised to include that of IndiaLinks or Sponsoring Registrar, and visitors to Registrant's website may be directed to a default web page. This default web page may feature advertisements posted by IndiaLinks or Sponsoring Domain Registrar for its own account.

Registrant acknowledges and agrees that Registrant's right and interest in a domain name ceases upon its expiration. Registrant is solely responsible for informing itself of the date of expiration and renewing its registration in a timely manner.

If domain name is not sold or back-ordered, IndiaLinks at in its sole discretion, may allow for renewal of domain name during Renewal Grace Period or Redemption Period. Additional costs for the redemption and re-registration will apply. Such renewal term will start as on the date of expiry of the Domain Name, unless otherwise specified.

e)  Registrant agrees that Registrant shall not hold IndiaLinks liable for and against any claim for damage or loss arising from any failure of Registrant/Customer/Reseller to renew the domain name registration ("domain name") prior to it's expiration date.

7. EXPIRED REGISTRATION RECOVERY POLICY.

As a convenience to the Registrant, and not as a binding commitment, Domain expiration notices will be sent via email to domain name's administrative contact email address, thirty (30) days and five (5) days prior to a domain expiration date and three (3) days after a domain expires. Renewal, post-expiration renewal and redemptions fees are published at our website https://www.indialinks.com/domains. Reseller's fees may differ.

8. OBLIGATIONS OF INDIALINKS
  1. IndiaLinks shall process Registrant's application for domain name registration service and consider whether to accept or reject it in accordance with the criteria as laid down by IndiaLinks, ICANN, Domain Service Providers, sponsoring Registrars and Registry Operator as the case may be or any other policy set out by IndiaLinks.
  2. IndiaLinks shall be responsible for providing customer service, billing support and technical support for the domain name registration service.
9. OBLIGATIONS OF REGISTRANT

a)  Registrant acknowledges and agrees to provide and maintain complete, current, accurate and updated "Registration Data" (WHOIS information) (domain contact informations) pertaining to the Domain Names services availed and update within seven (7) days in case of any changes, complete and accurate information, If Registrant deliberately provides inaccurate, false, incomplete or unreliable information, or fails to promptly update necessary information or fails to respond to IndiaLinks's inquiries, by email or otherwise, within five (5) Business Days, such actions shall constitute a breach of this Agreement.

b)  Registrant represents and warrants that :

  1. The statements that Registrant makes in connection with the domain name registration services are complete and accurate;
  2. Registrant's and other Contact informations will be kept current;
  3. Registrant will not and will not permit others to use the domain name in violation of any ICANN or registry policies, applicable laws or regulations, or legal rights of others;
  4. Registrant will respond to inquiries from IndiaLinks and sponsored Registrar addressed to the email address of Registrant as provided in the Registration Data with respect to a domain name concerning the accuracy of contact details.

Registrant acknowledges that a breach of this Section will constitute a material breach of the Agreement, which will entitle IndiaLinks to terminate this Agreement immediately upon such breach without any refund and without notice to Registrant.

c)  During the term of this Agreement and for a period of three (3) years thereafter, Registrant shall maintain the following records relating to the dealings of Registrant with IndiaLinks/Customer/Reseller and their agents or authorized representatives as well as details pertaining to the Domain Names registered/transferred/renewed through IndiaLinks.

  1. In electronic, paper or microfilm form, all written communications with respect to the domain order.
  2. In electronic form, records of the accounts of the order, including dates and amounts of all payments, discount, credits and refunds.
  3. Registrant shall make these records available for inspection by IndiaLinks upon reasonable notice not exceeding fourteen (14) days.

d)  Registrant acknowledges that management control panel of the domain name will be accessible to the Reseller/Customer through whom Registrant has availed domain name service. Any modification to the domain name by the Reseller or Customer will be treated as if it is authorized by Registrant directly. IndiaLinks is not responsible for any modification to the domain name by Reseller/Customer. Registrant further acknowledges and agrees that IndiaLinks will not have any liability associated for such a change.

e)  Registrant shall comply with all applicable terms and conditions, guidelines, standards, policies, procedures and practices laid down by ICANN, respective Registry Operator, Sponsoring Registrar and IndiaLinks's Domain Service Providers from time to time. Registrant agrees to indemnify IndiaLinks and shall assume responsibility for any liability resulting from non-compliance of this clause.

f)  Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the domain record in IndiaLinks's Domain Database, the data element in the IndiaLinks's Domain Database records shall prevail.

g)  If Registrant is availing domain name services through third party (via Reseller), IndiaLinks will not be responsible for any representation by such Reseller.

h)  Registrant acknowledges that if domain name services have been availed through any reseller, Registrant should contact such reseller for any support.

i)  Registrant shall further ensure that it does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous, defamatory or illegal while using Domain Name Services under this Agreement. Registrant acknowledges that IndiaLinks cannot and does not verify to see whether any use of the services by Registrant under this Agreement infringes legal rights of others.

j)  In order for IndiaLinks to provide domain registration services and to comply with the current rules, regulations and policies of ICANN, various domain registrars and various domain registries, Registrant hereby grants to IndiaLinks, the right to use and disclose "Registration Data" in accordance with this agreement.

Further, Registrant represent and warrant that, if domain name is being registered for a third party or Registrant is providing contact information of a third party in Registration Data, Registrant has notified the third party of the disclosure and the purpose for the disclosure and have obtained the third party's consent for use of their contact information & such disclosure.

10. REGISTRATION DATA

As part of the domain registration process and in accordance with ICANN policies, under this agreement, Registrant is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Data”) :

  1. Name, Organisation (if available), postal address, e-mail address and phone number of the domain name holder (Registrant);
  2. Name, Organisation (if available), postal address, e-mail address and phone number of the administrative contact for the domain name;
  3. Name, Organisation (if available), postal address, e-mail address and phone number of the technical contact for the domain name;
  4. Name, Organisation (if available), postal address, e-mail address and phone number of the billing contact for the domain name; and
  5. Names and IP addresses of the primary nameserver and secondary nameserver(s) for the domain name;

At the time renewal of your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain name registration may not be renewed.

Registrant agree and acknowledge that IndiaLinks will use, process, share and disclose "Registration Data" in accordance with Domain Registration Service Addendum which is deemed incorporated in this agreement by reference.

As a condition to continued registration of your domain, you must provide us with updated Registration Data within seven (7) days of any changes to such information. You may review, modify or update your Registration Data by accessing the IndiaLinks's domain management console or ILXOne. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Data within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. Registrant further agree that failure by Registrant to respond within ten (10) days to any inquiry by IndiaLinks concerning the accuracy of the Registration Data upon discovery of any willful inaccuracy associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of respective domain name registration.

Further, you represent and warrant that, if you are registering domain name for a third party or providing contact information of a third party in Registration Data, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent for use of their contact information & such disclosure.

IndiaLinks retains Registration Data to provide services to you under this agreement and as otherwise necessary to comply with our legal obligations, resolve disputes, enforce our agreements and other legitimate reasons. Registrant agree and acknowledge that Registration Data that IndiaLinks requires under this agreement is stored for the duration of the contract and no more than ten (10) years after the contract has ended unless we are otherwise required by law or regulation to retain your Registration Data/personal information for longer.

IndiaLinks stores personal data in India and the United States.

11. ACCOUNT REVIEW, DATA MODIFICATION, OR DELETION

To access, view, update, delete or download data associated with your domain name registration, you must be signed into your ILXOne account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by using the contact information at https://www.indialinks.com/legal/privacy_statement.php

12. ICANN-REQUIRED DISCLOSURES

ICANN policies requires sponsoring Registrar to share Registrant's information, in whole or in part, with the applicable Registry Operator and with ICANN, if required by contract. Both sponsoring Registrar and the Registry Operator may be required to archive this information with a third-party escrow service. Further, Registrant represents and warrants that, if Registrant is providing information about a third party, Registrant has notified the third party of the required disclosures and the purpose for the disclosures and Registrant has obtained the third party's consent to such disclosure. ICANN may establish or modify the guidelines, limits or requirements that relate to the amount and type of information that Sponsoring Registrar may or must make available to the public or to private entities, and the manner in which such information is made available.

13. SUSPENSION AND CANCELLATION

IndiaLinks may in its sole discretion, suspend or cancel Registrant's domain name registration :

  1. if Registrant breaches this Agreement;
  2. if Registrant fails to provide payment or accurate contact or billing information;
  3. in the event there was an error in the registration process for such domain name;
  4. as required by ICANN, Registry Operator or Sponsoring Registrar;
  5. to protect the integrity and stability of IndiaLinks, IndiaLinks's Domain Service Providers, Sponsoring Registrar and any applicable registry;
  6. to comply with any applicable laws, government rules, requests of law enforcement and court orders;
  7. in compliance with any dispute resolution process; or
  8. to avoid any liability, civil or criminal.
14. POLICY

Registrant agrees that its registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to IndiaLinks, Sponsoring Registrar, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with IndiaLinks, Sponsoring Registrar, registry, ICANN or government- adopted policy,

-  to correct mistakes by IndiaLinks, Sponsoring Registrar or a Registry in registering the name or
-  for the resolution of disputes concerning the domain name.

15. NO GUARANTEE

Registrant acknowledges that registration of a chosen domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.

16. AGENCY

If Registrant intends to license use of a domain name to a third party, Registrant is deemed the domain name holder of record and is responsible for providing Registrant's own full contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. Registrant shall accept liability for harm caused by wrongful use of the domain name, unless it promptly discloses the licensee's identity and current contact information (as provided by the licensee) to a party providing the Registered Name Holder reasonable evidence of actionable harm. Registrant represents that it will secure the agreement of any third party to the terms and conditions in this Agreement.

17. DESIGNATED AGENT

Registrant hereby explicitly authorize IndiaLinks to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN’s Transfer Policy.

18. TRANSFER OF DOMAIN NAME FROM REGISTRANT TO REGISTRANT

a)  The person named as Registrant on record with sponsoring Registrar shall be the "Registered Name Holder." If designated, the person named as administrative contact at the time the controlling account was secured shall be deemed the designate of Registrant with the authority to manage the domain name.

b)  IndiaLinks may transfer the domain name of Registrant to another Registrant under the following circumstances :

  1. By receiving due authorization from Registrant and/or their Authorized Representative in a manner as may be prescribed by IndiaLinks from time to time.
  2. Authorization from the Reseller/Customer through whom Registrant has availed domain name service. Any such authorization from the Reseller or Customer will be treated as if it is authorized by Registrant directly.
  3. Upon receiving orders/direction from a competent Court or law enforcement agency.
  4. For fulfilling a decision in a domain dispute resolution.
  5. In case of any breach of contract by Registrant.
  6. In case of termination of this Agreement.
  7. IndiaLinks learns of any such event, which IndiaLinks reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.

c)  Registrant acknowledges that IndiaLinks cannot verify the authenticity of any information, authorization or instructions received in Section (18-b-i). Upon receiving such authorization that IndiaLinks in its absolute unfettered and sole discretion deems to be genuine, IndiaLinks may transfer the domain name to new Registrant. IndiaLinks cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by it.

d)  In the above circumstances Registrant shall extend full cooperation to IndiaLinks in transferring the domain name of Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant, and complying with all requirements to facilitate a smooth transfer.

e)  The Registrant's domain name may not be transferred until IndiaLinks receives such written assurances or other reasonable assurance that the new Registrant (Transferee) has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by IndiaLinks in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by IndiaLinks as null and void in its sole discretion.

f)  Registrant agrees that change of registrant will get denied for any of the following reasons :

  1. domain name registration agreement has expired and Registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
  2. the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
  3. the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following :  Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);  Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);  Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en); or a court order.
  4. Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.
19. TRANSFER OF DOMAIN NAME FROM REGISTRAR TO REGISTRAR

a)  Registrant acknowledges and agrees that during the first 60 days after initial registration or transfer of a domain name, or after domain name has expired, the Registrant may not be able to transfer relavant domain name to another registrar.

b)  IndiaLinks may request the Registrant or any other contact associated with domain name for authorization upon receiving a request to transfer the domain name to another registrar. The Registrant agrees to provide such authorization to IndiaLinks. IndiaLinks, in its sole discretion will determine, if such authorization is adequate to allow the transfer.

c)  IndiaLinks in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.

d)  IndiaLinks in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the relavant Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.

e)  IndiaLinks may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:

  1. A dispute over the identity of the domain name holder;
  2. Bankruptcy and/or default in the payment of any fees;
  3. Any pending dues from the Registrant/Customer/Resellers for any services rendered, whether under this agreement or otherwise;
  4. Any pending Domain Dispute Resolution process with respect to the domain name;
  5. If the domain name has been locked or suspended by the Registrant/Customer/Reseller;/li>
  6. Any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;
  7. Any other circumstance described in this Agreement;
  8. For any other appropriate reason;

f)  IndiaLinks may at its sole discretion lock or suspend the domain name to prevent Domain Name Transfer;

g)  IndiaLinks cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 18 (Transfer of a domain from Registrar to Registrar).

h)  Registrant agrees that, if there was request of change of registrant and unless Registrant has opted out of the transfer lock, Registrant may not be able to transfer domain name to another registrar for sixty (60) days following the change of registrant.

20. REGISTRANT VERIFICATION

Registant understands and agrees that sponsoring Registrar is required to verify the Registered Name Holder’s email address (Registrant's email address) within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. Registrant's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s). In addition, you understand and agree that sponsoring Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

21. RIGHTS OF INDIALINKS, SPONSPORING REGISTRARS AND REGISTRY OPERATORS

a)  IndiaLinks, IndiaLinks's Domain Service Providers, Sponsporing Registrars and Registry Operators, in their sole discretion, expressly reserve the right to suspend/deactivate/delete/ deny or cancel or temporarily or permanently cease dealing in/selling/reselling any Domain Name Services.

b)  IndiaLinks reserves the right to change pricing, discounts, service levels, etc of any Domain Name Services at its sole discretion.

c)  IndiaLinks, IndiaLinks's Domain Service Providers, Sponsporing Registrars and Registry Operators, may store any and all information obtained from or through the Registrant or within the IndiaLinks's Domain Database or with any third party database service provider.

d)  IndiaLinks, IndiaLinks's Domain Service Providers, Sponsporing Registrars and Registry Operators, in their sole discretion, expressly reserve the right to test Domain Name Services, fix any bugs, modify, maintain or upgrade Domain Name Services.

e)  IndiaLinks, IndiaLinks's Domain Service Providers, Sponsporing Registrars and Registry Operators, may change any "Registration Data" of the Domain name, or transfer the Domain name to another Registrant, or transfer the Domain name to another Customer, upon receiving any authorization from the Registrant/Customer/Reseller.

f)  Subject to the requirements of IndiaLinks's Privacy Policy and Domain Registration Service Addendum, in order for IndiaLinks to provide domain registration services and to comply with the current rules, regulations and policies of ICANN, various domain registries and sponsoring Registrar, Registrant hereby grants to IndiaLinks and the sponsoring registrar, the right to use, process, disclose and share "Registration Data" in accordance with Domain Registration Service Addendum.

g)  The Registrant also acknowledges and agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the appplicable sponsoring Registrar, applicable Registry and its designees and agents.

h)  IndiaLinks, IndiaLinks's Domain Service Providers, sponsoring Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Domain Name registration or cancel a Domain Name registration within thirty 30 days of processing the same. In such case the IndiaLinks may refund the fees charged for the Domain Name registration, after deducting any processing charges for the same.

i)  The Registrant acknowledges and agrees that IndiaLinks, IndiaLinks's Domain Service Provider or sponsporing Registrar may redirect any Domain Name to any IP address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if any Domain Name registration has expired, or is suspended, or does not contain valid name servers to direct it to any destination. The Registrant further acknowledges that IndiaLinks, IndiaLinks's Domain Service Provider and sponsporing Registrar can not ascertain whether such redirection infringes any legal rights of any third party, or that the content displayed due to such redirection is appropriate, or not in violation of any law.

j)  Registrant understands and agrees that IndiaLinks may periodically send verification email to Registrant's email address (as provided in Registration Data) to verify contact information/Registration Data of the domain name. Registrant's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

k)  Notwithstanding anything to the contrary, IndiaLinks, IndiaLinks's Domain Service Providers, sponsoring Registrar and Registry Operator in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deactivate, deny, cancel, modify, take ownership of or transfer the domain name registration or; to publish, transmit, share data in the Registration Data with any person or entity, or; to contact any entity in the Registration Data

  1. in order to recover any Payment from the Registrant/Customer/Reseller, for any service rendered by IndiaLinks including services rendered outside the scope of this agreement for which Registrant, Customer or Reseller has been notified and requested to remit payment, or;
  2. to correct mistakes made by IndiaLinks, IndiaLinks's Domain Service Providers, Sponsoring Registrar, Registry Operator in processing or executing the Domain Name Order, or;
  3. in case of any breach of this Agreement, or;
  4. in case IndiaLinks learns of a possibility of breach or violation of this Agreement which IndiaLinks in its sole discretion determines to be appropriate, or;
  5. in case of Termination of this Agreement, or;
  6. if IndiaLinks learns of any such event which IndiaLinks reasonably determines would lead to Termination of this Agreement or would constitute as breach thereof, or;
  7. to protect the integrity and stability of the IndiaLinks Services/Products and Domain Database, or;
  8. to comply with any applicable laws, government rules or requirements, requests of law enforcement, or;
  9. in compliance with any dispute resolution process, or;
  10. in accordance/compliance with any agreements executed by IndiaLinks including but not limited to agreements with Domain Service Providers/Sponsoring Registrar/Registry Operator/Customers/Reseller, or;
  11. to avoid any liability, civil or criminal, on the part of IndiaLinks/IndiaLinks's Domain Service Providers/ sponsoring Registrar/Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or;
  12. if Registrant and/or Agents or any other authorized representatives of Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography , using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or IndiaLinks learns of the possibility of any such violation or;
  13. upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of IndiaLinks) from Registrant/Customer/Reseller or their authorized representatives, or;
  14. if IndiaLinks, IndiaLinks's Domain Service Providers, Sponsoring Registrar or Registry Operator in their sole discretion determine that the information associated with the domain name registration is inaccurate, or has been tampered with, or has been modified without authorization, or;
  15. if IndiaLinks in their sole discretion determine that the ownership of the domain name registration should belong to another entity, or;
  16. if Registrant fails to provide KYC documents for verification or;
  17. if Registrant/Customer/Reseller does not comply with any applicable terms and conditions, standards, policies, procedures and practices laid down by IndiaLinks, IndiaLinks's Domain Service Providers, Sponsoring Registrar, Registry Operator or ICANN, for any appropriate reason.

IndiaLinks, IndiaLinks's Domain Service Provider, Sponsoring Registrar or Registry Operator, also reserves the right to freeze the Domain name registration during resolution of a dispute.

Registrant agrees that IndiaLinks, IndiaLinks's Domain Service Providers, Sponspring Registrar, Registry Operator and the contractors, employees, directors, officers, representatives, agents and affiliates of IndiaLinks, IndiaLinks's Domain Service Providers, Sponsporing Registrar and Registry Operator are not liable for loss or damages that may result from any of the above.

22. DOMAIN NAME DISPUTE RESOLUTION POLICY

The Registrant agrees to be bound by all ICANN consensus policies and all policies of any relevant Registry Operator, including the Uniform Rapid Suspension Procedure, the Uniform Domain Name Dispute Resolution policy (UDRP) which may be found http://www.icann.org/en/help/dndr/udrp, along with the UDRP rules and all supplemental rules of any UDRP provider which are made part of this Agreement by reference. ICANN may change the UDRP at any time.

If a third party challenges the registration or reservation of the Registrant's domain name, Registrant will be subject to the provisions specified in the dispute policy adopted by the applicable registry. In the event a domain name dispute arises, Registrant will indemnify and hold IndiaLinks harmless in all circumstances pursuant to the terms and conditions contained in the applicable policy. Further, IndiaLinks will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute.

If IndiaLinks is notified that a complaint has been filed with a judicial or administrative body regarding a domain name, IndiaLinks, at its sole discretion, suspend use of the domain name and the ability to make modifications to the registration records until :

-  IndiaLinks is directed to do so by the judicial or administrative body, or
-  IndiaLinks receives notification from both parties that the dispute has been settled.

If Registrant or Registrant's domain name becomes the subject of litigation, IndiaLinks may deposit control of Registrant's domain name record into the registry of the judicial body by supplying a party with a registrar certificate.

In the event of any inconsistency between the provisions in this Agreement and policies of ICANN/relevant Registry operator, the provisions of policies of ICANN/relevant Registry Operator shall prevail in relation to resolution of disputes pertaining to the Domain Names.

Specific Terms for .IN CCTLD domain names

For any .IN CCTLD domain names registered through IndiaLinks, the Registrant agrees to be bound by IN Registry's current .IN Domain Name Dispute Resolution Policy ("INDRP") that is made part of this Agreement by reference. The current version of the INDRP may be found at http://registry.in/Policies/Dispute Resolution. In the event of any inconsistency between the provisions in this Agreement and those in the INDRP, the provisions of INDRP shall prevail in relation to resolution of disputes pertaining to the Domain Names.

23. INCONSISTENCIES WITH REGISTRY POLICIES

In the event that this Agreement or agreement of the sponsoring Registrar may be inconsistent with any term, condition, policy or procedure of the applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail.

24. WHOIS PRIVACY SERVICE

If the Registrant elects to use the Whois Privacy Registration Service, terms and conditions of the Whois Privacy Services of the sponsoring Registrar will apply.

25. REPRESENTATIONS AND WARRANTIES

The Parties represent and warrant that :

  1. they have all requisite power and authority to execute and perform their respective obligations under this Agreement;
  2. this Agreement is a valid document and constitutes a legal, valid and binding obligation, enforceable against the Parties in accordance with the terms and conditions thereof;
  3. the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated herein by the Parties will not in any way conflict with, affect or violate:
  4. any provision of law, rule, or regulation or any order, judgment, or decree;
  5. any provision of corporate by-laws or other documents or agreement; and
  6. any agreement or any other instrument.
  7. The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and IndiaLinks;
  8. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;

The Registrant represents and warrants that :

  1. it has read and understood each and every clause of this Agreement;
  2. it is willing to enter into this Agreement independently and without relying on any representation, agreement, guarantee or statement other than as set forth in this Agreement;
  3. it is eligible to enter into this Agreement according to the laws of his/its country;
  4. it has not done and agrees not to do any act that may affect IndiaLinks or Service Providers or the provisions of this Agreement in any way whatsoever;
  5. the details in respect of the domain name(s) submitted to IndiaLinks are true and correct, and that any future additions, modifications or alterations to those details will be true and correct and updated at all times;
  6. Neither the registration of the Domain Name nor the manner in which the Domain Name is, directly or indirectly, used or proposed to be used infringes or will infringe the legal rights of a third party.

Except for the express warranties in this Agreement, IndiaLinks does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties or merchantability, fitness for a particular purpose, and non-infringement. IndiaLinks is not responsible or liable for the deletion or of failure to store any content and other communications maintained or transmitted through the use of the domain name registration service. IndiaLinks does not warrant that the domain name registrations service will be error free or uninterrupted. The domain name registration service is not intended for high risk activities.

26. TERMINATION
  1. This Agreement shall terminate if the term of the Domain name as per clause 21(a) comes to an end or when domain name expires.
  2. This Agreement shall be terminated with immediate effect under following circumstances:
    1. IndiaLinks's contract with IndiaLinks's Domain Service Providers for the fulfillment of such Domain Name is terminated or expires without renewal;
    2. IndiaLinks's contract with the Registry Operator for the particular TLD is terminated or expires without renewal;
    3. Registry Operator ceases to be the Registry Operator for the particular TLD
    4. of Registrant to Registrant Transfer of domain name
    5. of Registrar to Registrar Transfer of domain name
  3. Upon Termination of this Agreement, IndiaLinks may delete/suspend/transfer/modify the domain order and suspend control panel access with immediate effect, upon the sole discretion of IndiaLinks.
  4. Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise.
  5. The Parties shall fulfill their respective obligations under this Agreement until the termination takes place. All amounts due and outstanding from Registrant to IndiaLinks shall be paid by Registrant.
27. LIMITATION OF LIABILITY

IN NO EVENT WILL INDIALINKS, INDIALINKS'S DOMAIN SERVICES PROVIDERS, SPONSORING REGISTRAR, REGISTRY OPERATOR OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE DOMAIN NAME/ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF INDIALINKS AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDIALINKS FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

  1. LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
  2. LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 31 OF THIS AGREEMENT;
  3. LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; /li>
  4. LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
  5. LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR INDIALINKS PRODUCT/SERVICE(S) PROVIDED UNDER THIS AGREEMENT;
  6. LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against IndiaLinks by the Registrant/Customer/Reseller, then in no event will the liability of IndiaLinks exceed the actual amount paid by Registrant/Customer/Reseller for domain name registration service for the domain name in question.

REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY INDIALINKS IN RELATION TO THE ORDER.

28. INDEMNIFICATION

a)  The Registrant, at its own cost and expense, will indemnify, defend and hold harmless, IndiaLinks, IndiaLinks's Domain Service Providers, Sponsoring Registrar, Registry Operator, ICANN, Resellers and their contractors employees, directors, officers, representatives, agents and affiliates against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the the Registrant's domain name registration and suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement or use of Domain Name Services, this indemnification obligation will survive the termination or expiration of the registration agreement Including without limitation :

  1. arising out of any breach by Registrant of this Agreement;
  2. relating to any actions of Registrant, or Registrant's employees, contractees, agents, Customers or any other party affiliated with Registrant directly or indirectly;
  3. relating to any agreement and terms and conditions with any customer of the Registrant;
  4. relating to Registrant's business;
  5. relating to any action of IndiaLinks as permitted by this Agreement;
  6. relating to any action of IndiaLinks carried out on behalf of the Registrant as described in this Agreement.
  7. infringement by the Registrant, or someone else using IndiaLinks Products/Services with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity;

However, that in any such case IndiaLinks may serve the Registrant with notice of any such claim and upon the Registrant's written request, IndiaLinks will provide to the Registrant all available information and assistance reasonably necessary for the Registrant to defend such claim, provided that the Registrant reimburses IndiaLinks for its actual costs.

b)  The Registrant will not enter into any settlement or compromise of any such identifiable claim without IndiaLinks's prior written consent, which shall not be unreasonably withheld.

c)  The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by IndiaLinks in connection with or arising from any such identifiable claim, suit, action or proceeding.

d)  The Registrant indemnifies IndiaLinks against the costs and expenses incurred in defending or dealing with any claim with respect to any Domain Name infringing legal rights of third parties (except for claims arising from IndiaLinks's negligence or breach of the terms of this Agreement).

29. DISCLAIMER

DOMAIN NAME SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.

INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, REGISTRANT'S COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH REGISTRANT'S ACCESS TO, USE OF, DOMAIN NAME SERVICES. WITHOUT LIMITING THE FOREGOING, INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH DOMAIN NAME SERVICES OR WEBSITE WILL BE FREE OF INFECTION BY MALACIOUS CODES, VIRUSES, WORMS, TROJANS; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH DOMAIN NAME SERVICES OR WEBSITE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR WHICH MAY BE OBJECTIONABLE IN CERTAIN JURISDICTIONS; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR ,TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN DOMAIN NAME SERVICES OR WEBSITE WILL BE CORRECTED; OR (D) DOMAIN NAME SERVICES WILL MEET REGISTRANT'S REQUIREMENTS OR EXPECTATIONS OR (E) DOMAIN NAME SERVICES WILL BE COMPATIBLE WITH REGISTRANT'S EQUIPMENTS AND SYSTEMS; OR (F) REGISTRANT RECEIVES NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENT OR TRANSACTION FROM INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR.

INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF DOMAIN NAME SERVICES, AVAILABLE OR WITH RESPECT TO THEIR LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. INDIALINKS, INDIALINKS'S DOMAIN SERVICE PROVIDERS, SPONSORING REGISTRAR AND REGISTRY OPERATOR SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

FURTHERMORE, INDIALINKS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE DOMAIN NAME SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

30. INTELLECTUAL PROPERTY

a)  Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trade marks, service marks, trade names, domain name registrations, copyrights, trade secrets, processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

b)  The Registrant is prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing itself as accredited by ICANN unless it has written permission from ICANN to do so.

c)  Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by IndiaLinks to the Registrant/Customer/Reseller by any disclosure of any Confidential Information to the Registrant under this Agreement.

31. CONFIDENTIAL INFORMATION

a)  The Registrant acknowledges that during the term of this Agreement, IndiaLinks will continue to have access to Confidential Information of IndiaLinks and/or its Service Providers. Registrant acknowledges that such Confidential Information is the valuable property of IndiaLinks and/or its Service Providers and is critical to the business operations of IndiaLinks. Registrant acknowledges and agrees that all information as may be provided by IndiaLinks and/or it's Service Providers to Registrant shall be treated as Confidential Information and that Registrant shall not disclose the same to any third party except with IndiaLinks's prior written permission.

b)  Notwithstanding the aforesaid provisions, Registrant may disclose Confidential Information where ordered to do so, by any government, judicial or quasi-judicial authority; provided however, that the Registrant shall in such a case give IndiaLinks a reasonable notice of any prospective disclosure and shall assist IndiaLinks in obtaining an exemption or protective order preventing such disclosure.

32. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

a)  Registrant acknowledges and agrees that, during the period of this Agreement, IndiaLinks may modify, add, or delete portions of this Agreement at any time. In such event, we will indicate at the bottom of this Registration Agreement the date these terms were last revised.

All amendments to this Agreement will be posted on our website at https://www.indialinks.com/legal/rra.php.

Any revisions to this Registration Agreement will become effective (i) 30 days after the notice for modification, addition or deletion has been posted or notified by email; or (ii) the first time you access or use registered domain name after such changes.

If Registrant do not agree to abide by this Agreement, you are not authorized to use or access the services.

b)  IndiaLinks, IndiaLinks's Domain Service Providers, Sponsoring Registrar, Registry Operator, ICANN or any corresponding/designated policy formulating body may revise any of the domain dispute policies. Any such revision or change will be binding and effective immediately on posting of the revision on their respective websites. The Registrant agrees to review these websites and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.

33. ANNOUNCEMENTS

IndiaLinks reserves the right to distribute information to Registrant that is required by it's Service Providers, domain Registrars, domain Registry or ICANN.

34. FORCE MAJEURE

Neither Party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, weather of exceptional severity, equipment or facilities breakages/shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Domain Registrant Agreement, such party shall be excused from performance of its obligations (other than payment obligations), provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.

35. PUBLICITY

Registrant shall not create, publish, distribute, or permit any written/oral/electronic material that makes reference to IndiaLinks or ot's Service Providers or uses any of IndiaLinks's or it's Service Providers' pending or registered trade marks, service marks and/or trade name/s without IndiaLinks's prior written consent.

Registrant gives IndiaLinks the right to recommend/suggest Registrant's name and details to customers and visitors to the Website, and prospective customers and use Registrant's name in marketing/promotional material with regards to Domain Name Services and IndiaLinks's business.

Registrant here by agrees with the privacy policy of the IndiaLinks available at https://www.indialinks.com/legal/privacy_statement.php, and as may be amended from time to time.

36. GOVERNING LAW AND JURISDICTION

a)  This Agreement shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce this Agreement. Courts of Mumbai shall have exclusive jurisdiction to deal with disputes arising out of or from this Agreement.

b)  If any legal proceeding or action relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.)

37. DISPUTE RESOLUTION

a)  The Parties hereby agree that they intend to discharge their obligations in utmost good faith. They therefore agree that they will, at all times, act in good faith, and make all attempts to resolve all differences howsoever arising out of or in connection with this Agreement by discussion. If within fifteen (15) days of the commencement of the discussions the dispute is not resolved the dispute shall be referred to arbitration in accordance with the arbitration rules under the Indian Arbitration and Conciliation Act, 1996. The arbitral panel shall comprise of a sole arbitrator appointed as per the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall take place in Mumbai and the language for such proceedings shall be English.

b)  Notwithstanding the aforesaid provisions of this Agreement, in the event of any breach or apprehended breach by the Registrant of the provisions of this Agreement, IndiaLinks shall be entitled, in addition to all other remedies, to an injunction, whether interlocutory or preliminary, restraining any such breach, without recourse to arbitration.

38. BREACH

Registrant agrees that failure to abide by any provision of this Agreement, any ICANN, Registry, sponsoring Registrar, URDP or Dispute operating rule or policy, may be considered by IndiaLinks to be a material breach, and that IndiaLinks may provide written notice, describing the breach, to Registrant. If within fifteen (15) calendar days of the date of such notice, Registrant fails to provide evidence, which is reasonably satisfactory to IndiaLinks, that Registrant has not breached its obligations under the Agreement, then IndiaLinks may delete the registration of the domain name. Any such breach by Registrant shall not be deemed to be excused simply because IndiaLinks did not act earlier in response to that, or any other, breach by Registrant.

Registrant also agrees that, Registrant will be liable for any damages caused by any such breach.

39. OWNERSHIP AND USE OF DATA

You agree and acknowledge that IndiaLinks owns all data, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information.

IndiaLinks and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by IndiaLinks, IndiaLinks's Domain Service Providers, sponsoring Registrar or Registry Operator in order to fulfill services under this Agreement.

IndiaLinks does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. IndiaLinks agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

40. DELAYS OR OMISSIONS; WAIVERS

No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

41. MISCELLANEOUS
  1. HEADINGS: The division of this Agreement into sections, sub-sections, headings, appendices, exhibits, extensions and other sub-divisions are for reference and convenience purpose only and shall not affect or be used in the construction or interpretation of this Agreement.
  2. DATES AND TIMES: All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30.
  3. NO WAIVER: No waiver by IndiaLinks of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by IndiaLinks of any right under this Agreement shall be construed as a waiver of any other right.
  4. SURVIVAL: Termination of this Agreement shall not affect those provisions hereof that by their very nature are intended to survive such termination.
  5. SEVERABILITY: If any paragraph, sub-paragraph, or provision of this Agreement, or the application of such paragraph, sub-paragraph, or provision, is held invalid by a court of competent jurisdiction, the remainder of this Agreement, and the application of such paragraph, sub-paragraph, or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected.
  6. ASSIGNMENT / SUB-LICENSE: The Parties agree that IndiaLinks may assign this Agreement to a third party on prior written notice to the Registrant. The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of IndiaLinks. Registrant agrees that if Registrant licenses the use of the Domain Name to any third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.
  7. NO AGENCY: IndiaLinks and Registrant are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the Parties. Registrant will not make any statement, whether on his website or otherwise, that reasonably would contradict anything in this Agreement.
  8. ENTIRE AGREEMENT: The terms of this Agreement are the entire agreement and understanding with respect to the subject matter hereof and supersedes all prior discussions or representations between IndiaLinks and Registrant, whether written or oral.
  9. LANGUAGE: All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
  10. NOTICE: Any notice, direction or other communication given under this Agreement to be delivered to any party via e-mail shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. Email notification to IndiaLinks must be sent to legal@indialinks.com. Any notice to Registrant will be sent to the e-mail address provided by Registrant in the Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 PM IST, otherwise it will be deemed to have been delivered on the next business day.

 

EXHIBIT-A : PAYMENT TERMS & CONDITIONS

a)  IndiaLinks will accept payment for the domain registration (new registration/renewal/transfers) order from directly from the Customer or from reseller through prescribed payment methods on our websites.

b)  Payments will be considered fully paid when :

  1. Customer or Reseller pays via any prescribed method
  2. Informs IndiaLinks about the payment mode and order details.
  3. IndiaLinks acknowledges the receipt of the payments.

c)  In the event that a payment made via Credit Card or the payment instrument sent by Registrant/Customer/Reseller bounces due to Lack of Funds or any other Reason, then :

  1. IndiaLinks has the right to terminate this agreement with immediate effect and without any notice.
  2. IndiaLinks may immediately suspend ILXOne Control panel access.
  3. IndiaLinks in its SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the domain orders placed of the Registrant as well as stop / suspend / delete / transfer any orders currently being processed.
  4. IndiaLinks in its SOLE DISCRETION may Transfer all Orders placed by Registrant to another Customer or under it's own account.
  5. IndiaLinks in its SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
  6. IndiaLinks shall have the right to initiate any legal proceedings against Registrant/Customer/Reseller to recover any such liabilities.

TAXES

Registrant/Resellers/Customers shall be responsible for all the applicable taxes including GST, service tax, sales tax, Income tax and all other taxes,levies and duties whether international, national, state or local, as may be applicable with respect to this Agreement and the Domain Name Services.

EXHIBIT B : Specific Conditions for .IN TLD where sponsoring registrar is IndiaLinks)

In the case of a “.in” registration, the following terms and conditions will apply :

1.  REPRESENTATIONS AND WARRANTIES

You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at https://registry.in/Policies.

You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

You represent and certify that, to the best of your knowledge and belief :

  1. neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose,
  2. your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.

2.  DOMAIN DISPUTE POLICY

You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.

3.  TERMS & CONDITIONS FOR .IN DOMAIN REGISTRANTS

Additionally, all registrants of .IN domain names will be bound by Terms & Conditions for .IN Domain Registrants located at https://www.indialinks/legal/terms_for_in_domain_registrars.pdf which may be amended by .IN Registry from time to time.

EXHIBIT C : Specific Conditions for all domain names registered where sponsoring registrar is Tucows

For all domain names registered where sponsoring registrar is Tucows, you are bound by additional terms and conditions specific to various registries located at https://opensrs.com/wp-content/uploads/2019-09-18-TLD-Clauses.pdf which is deemed incorporated in this agreement by reference.

Last updated on : 12-December-2021

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